am a 21 year old athlete and during my national try-outs this year I was sexually harassed by the trainer at the venue. Is there any authority I can approach to file a complaint against the person?
As per the National Sports Development Code of India, 2011, you may file a complaint against the trainer with the committee dealing with complaints regarding sexual harassment established by your National Sports Federation (‘NSF’). Where such conduct amounts to a specific offence under the IPC or under any other law, the NSF is required to initiate appropriate action in accordance with law by making a complaint with the appropriate authority. In particular, it should ensure the victims, or witnesses are not discriminated against while dealing with complaints of sexual harassment.
The Committee is to be headed by a woman and not less than half of its members should be women. Further, to prevent the possibility of any undue pressure/influence from senior levels, such complaints committee should involve a third party, either NGO or other body which is familiar with the issue of sexual harassment.
2. I am engaged in the business of organising sporting events in India. During one event the crowd turned aggressive and there was a stampede in a part of the stadium. Later a civil suit was filed against me on the ground that it was due to neglect on the part of the organiser that the stampede occurred. What are the defences available to me?
As an event organiser you have the duty to use reasonable care to prevent harm to those persons in the stadium premises. This includes the duty to appoint security personnel, to ensure that the premises has adequate exit points that are clearly marked, etc. If the stampede took place as a result of an unforeseeable intervening act, that can be argued in your defense. There have been cases in which due to fights and stampedes in the stadium, the stadium owners and the organisers of the event were held liable. However, on appeal these claims were dismissed by the court on finding that the defendant had undertaken reasonable security measures. There was no evidence in the record that the fracas was either imminent or foreseeable. Therefore, if you can prove that you had taken adequate measures to satisfy your duty of reasonable care and that the circumstances giving rise to the stampede were not imminent or foreseeable, you will not be held liable.
3. My daughter is a 12-year old national level gymnast. She has been invited to participate in a reality sports show to showcase her sporting talent. Since she is a minor, as her guardian, I have signed an agreement with the show organisers confirming her participation. In the event my daughter is injured while participating in the show, will she be entitled to any compensation from the event organisers?
It is a settled law in India that a guardian can enter into a contract on behalf of a minor if the contract is for the benefit of the minor. Preventing injuries and reducing further injury/harm in case of an accident is the responsibility of the sports injury care providers appointed by the organizers. However, there are two sides to this issue - first, the fact that you and your daughter have the knowledge of the nature of the reality show and the injury that might take place during the show by virtue of the various drills that are to be performed by your daughter precludes you from claiming any compensation for any injuries which may occur in the natural course of the performances. On the other hand, in case the injury is caused due to the gross negligence on the part of the officials or the organizers, or if the injury is of a nature that is not caused in the course of the performance and could have been avoided by taking proper precaution then you may be entitled to claim compensation.
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